Citation Nr: 1048446
Decision Date: 12/30/10 Archive Date: 01/11/11
DOCKET NO. 08-22 954A ) DATE
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Waco, Texas
THE ISSUES
1. Entitlement to an increased rating for left knee
retropatellar pain syndrome, currently evaluated as 10 percent
disabling.
2. Entitlement to an increased rating for right knee
retropatellar pain syndrome, currently evaluated as 10 percent
disabling.
3. Entitlement to an increased rating for residuals, bunion,
left foot, fracture of great toe, and pes planus, currently
evaluated as 10 percent disabling.
4. Entitlement to an increased rating for residuals, right
bunionectomy, fracture of 2nd metatarsal and pes planus,
currently evaluated as 10 percent disabling.
5. Entitlement to an increased rating for low back strain,
currently evaluated as 20 percent disabling.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
C. Lawson, Counsel
INTRODUCTION
The Veteran served on active duty from November 1992 to March
2003.
This matter comes to the Board of Veterans' Appeals (Board) on
appeal from a January 2008 rating decision by a Regional Office
(RO) of the Department of Veterans Affairs (VA). A notice of
disagreement was received in April 2008, a statement of the case
was issued in August 2008, and a substantive appeal was received
in August 2008. The Veteran failed to appear for a Board hearing
in October 2010.
FINDING OF FACT
In November 2010, prior to the promulgation of a decision in the
appeal, the Board received notification from the Veteran that she
wished to withdraw her appeal.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran have been
met. 38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §
20.204 (2010).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Board may dismiss any appeal which fails to allege specific
error of fact or law in the determination being appealed.
38 U.S.C.A. § 7105 (West 2002). An appeal may be withdrawn as to
any or all issues involved in the appeal at any time before the
Board promulgates a decision. 38 C.F.R. § 20.204 (2010).
Withdrawal may be made by the appellant or by his or her
authorized representative. 38 C.F.R. § 20.204. In the present
case, the Veteran withdrew her appeal in November 2010, before a
Board decision on the issues that were appealed. Therefore,
there remain no allegations of errors of fact or law for
appellate consideration. Accordingly, the Board does not have
jurisdiction to review the appeal and it is dismissed.
ORDER
The appeal of the January 2008 RO rating decision denying a
rating greater than 20 percent for low back strain and denying
ratings greater than 10 percent for left and for right knee
retropatellar pain syndrome and for left and for right foot
bunion, toe fracture, and pes planus problems is dismissed.
ALAN S. PEEVY
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs